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South Africa decisions
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Malatsi v Dikotla N.O and Others (066391/2025) [2025] ZAGPJHC 524 (23 May 2025)
Urgent interim relief to stop administration of a deceased estate was struck off for lack of urgency under Rule 6(12) of the Uniform Rules of Court.
Hariparsad v Hariparsad and Others (2025/27341) [2025] ZAGPJHC 320 (24 March 2025)
The High Court partly granted interim relief in a dispute over a challenged will and company membership changes, but dismissed most of the applicant’s requests.
Mthembu v Mlamba and Others (17373/2019) [2025] ZAGPJHC 269 (7 March 2025)
The High Court dismissed an application to set aside a deceased estate property sale, finding fatal non-joinder of the Master and no legal basis to invalidate the transfer.
Perumal v Janse Van Rensburg N.O and Others (081849/2023) [2025] ZAGPPHC 145 (18 February 2025)
The High Court held that an unsigned amended will met section 2(3) of the Wills Act because the deceased clearly intended it to be his final will.
F.Z.M v S.M and Others (2995/2024) [2024] ZAFSHC 343 (31 October 2024)
The High Court ordered the Master to accept a disputed document as the deceased’s will under s 2(3) of the Wills Act, finding testamentary intent and capacity proved.
Masilo v Master Of The High Court, Johannesburg and Others (2021/35301) [2024] ZAGPJHC 491 (13 May 2024)
The High Court held that a two-page will signed only on the second page was valid under section 2(3) of the Wills Act because the deceased intended it as her last will.
Motsepe v The Master of the High Court, JHB and Others (18448/2021) [2022] ZAGPJHC 667 (12 September 2022)
The applicant has established all four requirements for an interim interdict: he is the surviving spouse and potential heir, there is a genuine dispute regarding the validity of the will, irreparable harm may result if the estate is wound up before the dispute is resolved, the balance of convenience favours granting the interdict as the respondents have not progressed with estate administration, and the applicant has no alternative remedy. The issue of non-joinder is not material to the interim relief sought in Part A and will be addressed in subsequent proceedings. The respondents have faile…
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Mamabolo v Mamabolo and Another (11855/2021) [2022] ZAGPPHC 689 (8 September 2022)
The court found that the applicant's claim was prescribed, as she became aware of the will and the property transfer well beyond the three-year period stipulated by the Prescription Act. No reasonable explanation or condonation for the delay was provided. The application was further dismissed due to the existence of material disputes of fact, particularly regarding the validity of the will and allegations of fraud, which cannot be resolved on affidavit and require action proceedings. The applicant failed to provide admissible expert evidence and did not apply for referral to oral evidence or…
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S.J.R v Master of the High Court, Pretoria and Another (54184/2021) [2022] ZAGPPHC 339 (6 May 2022)
The High Court accepted a copy of the deceased’s 2010 will under section 2(3) of the Wills Act and ordered the second respondent to pay costs.
Dlamini v Nchupetsang N.O and Others In re: Nchupetsang N.O v Dlamini and Others (22496/2020) [2021] ZAGPJHC 806 (5 November 2021)
The High Court dismissed Shantel Dlamini’s rescission application, holding that the customary-marriage issue was res judicata and the alleged will was not proved.
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